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2010-10-27 00:00:00minutes: http://www.cincinnati-oh.gov/noncms/council/uploads/20101027.html

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PROCEEDINGS/MINUTES OF CITY COUNCIL Wednesday October 27, 2010
PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday October 27, 2010

Council convened at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Bortz, Monzel, Qualls, Quinlivan, Thomas, Winburn and Young (7)

Also in attendance were City Manager Milton Dohoney and John Curp City Solicitor and Clerk of Council Melissa Autry

Council observed a moment of silent prayer and recited the Pledge of Allegiance to the Flag.

There being no objection, Minutes of the previous session Council were ordered Filed.

Items on the Council Calendar and items presented by-leave were disposed of as follows:


Councilmembers Berding and Ghiz were excused.
MAYOR MALLORY
MS. QUALLS
MR. MONZEL
MR. YOUNG
MR. BORTZ
MR. WINBURN
MS. QUINLIVAN
MR. THOMAS
Item #: 201001494
MOTION, submitted by Mayor Mark Mallory, Vice Mayor Qualls, Councilmembers Monzel, Young, Bortz, Winburn, Quinlivan and Thomas that an "Operation Hospitality" committee be created from existing downtown stakeholders to coordinate downtown events and services in order to optimize the experience for downtown visitors. WE FURTHER MOVE that the committee recommend ways in which city services can compliment efforts to welcome visitors to downtown. WE FURTHER MOVE that the committee work with existing downtown businesses on extended hours, increased marketing and food/drink specials. WE FURTHER MOVE that the committee would be responsible for making recommendations regarding the improvement of: street signage, infrastructure downtown light poles, taxi condition, street furniture, trash cans, bus benches and bus stops, parking signs and regulations, street lighting, flower pots, street trees, sidewalk conditions, newspaper racks, and way-finding signs. WE FURTHER MOVE that the committee will consist of representatives from Downtown Cincinnati Inc, the Cincinnati Business Committee, Cincinnati Visitor's Bureau, the Regional Tourism Network, the Downtown Hotel Association, the Downtown Restaurant Association the Downtown Resident's Council, The Greater Cincinnati Chamber of Commerce, the African American Chamber of Commerce, the Hispanic Chamber of Commerce, 3CDC, the Hamilton County Sheriff's Office, the Cincinnati Police Department Special Events Unit, the Department of Public Services, the Law Department, the Department of Transportation and Engineering, the Cincinnati Fire Department and other downtown event representatives as necessary. WE FURTHER MOVE that a special subcommittee will be formed specifically to deal with preparing downtown for the events of 2012 including the World Choir Games. WE FURTHER MOVE that the committee report back to Council no later than January 1, 2011 with recommendations for funding improvements. Various funding sources can be considered for each improvement activity including SORTA pass-through funds for bus stop shelters and benches, special assessments for sidewalk repairs and up to $5M from downtown-TIF district 2 for more universally shared benefits. Volunteer services from Keep Cincinnati Beautiful, Downtown Cincinnati Inc and the prisoner work details could offer in-kind contributions to the effort.
Item Status/Referral/Recommendations:
LIVABLE COMMUNITIES COMMITTEE;QUALITY OF LIFE COMMITTEE
***
MR. BORTZ
MS. QUALLS
Item #: 201001486
MOTION, dated 10/26/2010 submitted by Councilmember Bortz and Vice Mayor Qualls, that a committee, "Showcase 2012", be created from existing downtown stakeholders to advance the amenities, condition and appearance of the Central Business District in order to maximize the visitor experience. The Mayor will appoint the members of the committee with the advice and consent of council. WE FURTHER MOVE that the committee would be responsible for improving street signage, crumbling infrastructure downtown, light poles, taxi condition, street furniture including trash cans, bus benches and bus stops, parking signs and regulations, street lighting, flower pots, street trees, sidewalk conditions, newspaper racks, and wayfinding signs. WE FURTHER MOVE that the committee work with existing downtown businesses to maximize visitor experience during special events. This includes working with businesses on extended hours, increased marketing and food/drink specials. WE FURTHER MOVE that the committee report back to Council no later than January 1, 2011 with recommendations for funding improvements. Various funding sources can be considered for each improvement activity including SORTA pass-through funds for bus stop shelters and benches, special assessments for sidewalk repairs, and up to $5M from downtown-TIF district 2 for more universally shared benefits. Volunteer services from KCB, DCI and the prisoner work details could be attractive in-kind contributions to the effort. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
LIVABLE COMMUNITIES COMMITTEE;QUALITY OF LIFE COMMITTEE
***
MS. QUALLS
Item #: 201001487
COMMUNICATION, dated 10/20/2010 submitted by Vice Mayor Qualls, from William L. Mallory, Sr., SORTA, 602 Main Street, Suite 1100, Cincinnati, Ohio 45202-2549 regarding funding request for 2011.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001484
MEMO, dated 10/20/2010 submitted by Vice Mayor Qualls to Milton Dohoney, City Manager regarding Added Revenue.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001488
MEMO, dated 10/19/2010 submitted by Vice Mayor Qualls, from Dr. Norman Merrifield, Director; Cincinnati Recreation Commission regarding Municipal Golf Audit Follow Up - August 13, 2010.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
MS. QUALLS
MR. YOUNG
MS. QUINLIVAN
MR. THOMAS
Item #: 201001485
MOTION, dated 9/28/2010 submitted by Vice Mayor Qualls, Councilmembers Young, Quinlivan and Thomas that the administration, in cooperation with SORTA, develop a multi-modal mass transit plan that integrates Bus Rapid Transit (BRT), light rail, the streetcar, and the city's existing rail plan for the city's major transportation corridors, including I-75, I-71, Queen City Avenue, Harrison Avenue, Vine Street, Reading Road, Madison Road and Martin Luther King Drive. WE FURTHER MOVE that abandoned rail corridors that are under public ownership and those corridors that could potentially be abandoned by private railroad companies, be utilized for BRT; and that those corridors that serve major employment centers in the City of Cincinnati, such as Downtown, Uptown, and the Mill Creek Valley should be prioritized for development. WE FURTHER MOVE that the city work aggressively to complete any needed studies and plans to develop BRT in Cincinnati and that the administration vigorously pursue state and federal funding for BRT.(STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
LIVABLE COMMUNITIES COMMITTEE
***
CITY MANAGER
Item #: 201001427
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/18/2010, authorizing transfer of the sum of $11,300 from the General Fund 050 personnel services account no. 050x030x7100 to the General Fund 050 non-personnel services account no. 050x030x7200 for purposed of adjusting the Mayor's Office Budget.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001451
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, authorizing the transfer of the sum of $3,242.66 from various Emergency Shelter Grant (ESG) project accounts back to source ESG Fund 445 for the purpose of closing out completed programs according to the attached schedule of transfer, which funds will be combined with projected entitlement grant resources in future Recommended ESG Budgets.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001453
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, to delete special assessments on property at 716 State Avenue (Hamilton County Auditor's parcel 149-11-112), notwithstanding the provisions of Ordinance No. 265-2007.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001465
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, authorizing the City Manager to apply for, accept, and appropriate a Clean Ohio Conservation Fund Grant in the amount of $50,000.00 from the Ohio Public Works Commission, for the purpose of funding the restoration of the undeveloped hillside portion of the Colerain Connector Sector D property as a public greenspace; and further AUTHORIZING the expenditure of $20,000.00 from the Urban Forestry Fund 428 for the purpose of providing the local match required by the grant.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001466
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, authorizing the City Manager to apply for, accept, and appropriate a grant of approximately $12,390.00 from the Ohio Department of Natural Resources' 2011 Boating Safety Education Grant Program, for the purpose of providing funding for the youth and teen component of the "Paddle Safe Cincinnati Program."
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001467
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, authorizing the City Manager to apply for, accept, and appropriate a grant in the amount of $227,000 from the Federal Railroad Administration's Capital Grants for Rail Relocation and Improvement Projects Program to provide funding to initiate preliminary engineering work on a railroad storage track at the Cincinnati Union Terminal to be used for intercity passenger rail cars to layover and to store historic rail for public display; ESTABLISHING capital improvement program project account 980x232x10353 "Railroad Storage Track," and further AUTHORIZING the deposit of the grant funds into newly established capital improvement program project account 980x232x10353 "Railroad Storage Track."
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001468
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, establishing capital improvement program project account 980x232x10354, "Casino Area Infrastructure"; and AUTHORIZING the transfer and appropriation of $100,000 from the unappropriated surplus of Downtown/Over-the-Rhine East Equivalent Fund 483 to newly established capital improvement program project account 980x232x10354, "Casino Area Infrastructure"; AUTHORIZING the transfer and return to source Income Tax Permanent Improvement Fund 758 the amount of $30,000 from capital improvement program project account 980x102x10106, "Enterprise Budget System"; and AUTHORIZING the transfer and appropriation of $30,000 from the unappropriated surplus of Income Tax Permanent Improvement Fund 758 to the newly established capital improvement program project account 980x232x10354, "Casino Area Infrastructure" all for the purpose of funding planning and design work related to infrastructure development in the neighborhoods directly adjacent to the planned Casino development.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001469
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, establishing two new HOME Investment Trust project accounts: project account no. 411x162x09009, "Woodburn Pointe"; and project account no. 411x162x09011, "The Elberon"; and AUTHORIZING the transfer and appropriation of the sum of $360,000.00 from the unappropriated surplus of HOME Investment Trust Fund 411 to newly created HOME Investment Trust project account 411x162x09009, "Woodburn Pointe" ; and AUTHORIZING the transfer and appropriation of the sum of $1,734,987.00 from the unappropriated surplus of HOME Investment Trust Fund 411 to newly created HOME Investment Trust project account 411x162x09011, "The Elberon," for the purpose of funding the development of affordable housing projects in the City of Cincinnati.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001470
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, authorizing the transfer and appropriation of $425,000 from the unappropriated surplus of Income Tax Permanent Improvement Fund 758 to capital improvement program project account no. 980x164x03675 "Walnut Hills - McMillan Redevelopment & Streetscape"; and AUTHORIZING the transfer of and return to source the sum of $425,000 from capital improvement program project account no. 980x164x03675 "Walnut Hills - McMillan Redevelopment & Streetscape," to Urban Redevelopment Bond Fund 822, both for the purpose of funding public improvements in the Walnut Hills neighborhood with the appropriate funding source.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001471
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, authorizing the City Manager to apply for five (5) grants for a total of approximately $6,949,308.00 for 2010 Stewart B. McKinney Act Shelter Plus Care funds through the U.S. Department of Housing and Urban Development Continuum of Care process for the purpose of funding the 2010 Shelter Plus Care Program.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001472
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/27/2010, establishing the following new project accounts for the 2009 Stewart B. McKinney Act Shelter Plus Care Program: project account no. 410x162x98016, "Talbert House, Inc. SPC Expansion '09"; project account no. 410x162x98017, "Over-the-Rhine Community Housing Paths to Recovery Non PH '09"; and project account no. 410x162x98018, "Over-the-Rhine Community Housing Paths to Recovery PH Bonus '09"; and AUTHORIZING the transfer and appropriation of $1,400,760 from Shelter Plus Care Program Fund 410 to the three newly created project accounts in accordance with the attached schedule of transfer; and further AUTHORIZING the City Manager to enter into agreements with three project agencies for the purpose of providing tenant-based rental assistance to homeless low-income clients with disabilities in accordance with the provisions of the Department of Housing and Urban Development Shelter Plus Care Program.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001463
REPORT, dated 10/27/2010, submitted by Milton Dohoney, Jr., City Manager, regarding Safety and Security in the Clifton Area. (SEE DOCUMENT #2010001327 FOR COMMUNICATION)
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201001464
REPORT, dated 10/27/2010, submitted by Milton Dohoney, Jr., City Manager, regarding Tax Incentive Review Council - Status of Property Tax Agreements.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201001477
REPORT, dated 10/27/2010, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for EJ Sand LLC DBA (None Listed), 255 E. Fifth Street. (#2389403, New, D5) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201001478
REPORT, dated 10/27/2010, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for ADT Enterprises LLC DBA Sonoma American & Mediterranean Grill, 3012 Madison Road. (#0003493, New, D5) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201001479
REPORT, dated 10/27/2010, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for A Tavola Trattoria LLC DBA A Tavola Trattoria, 1220 Vine Street. (#0006467, Transfer of Ownership & Location, D1, D2, D3) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201001482
REPORT, dated 10/27/2010, submitted by Milton Dohoney, Jr., City Manager, regarding Dance Hall License Process.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
CLERK OF COUNCIL
Item #: 201001489
COMMUNICATION, dated 10/1/2010 submitted by the Clerk of Council from Donna Christos, Clerk, Board of Trustees, City of Cincinnati Board of Health, regarding Resolution No. 2010-07, Regulation No. 00079-Amendment, Regulating Food Service Operations.
Item Status/Referral/Recommendations:
FILE
*** FILED
BUDGET AND FINANCE COMMITTEE
Item #: 201001286
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/15/2010, authorizing the City Manager to apply for, accept, and appropriate a grant of approximately $3,000,000 from the Department of Housing and Urban Development (HUD), for the purpose of funding the Department of Planning and Building's Unified Development Code Project, which will review the City's development regulations and policies; and ESTABLISHING new capital improvement program project account no. 980x171x10253, "Unified Development Code Grant"; and further AUTHORIZING the deposit of the grant funds into newly created capital improvement program project account no. 980x171x10253, "Unified Development Code Grant," for the purpose of providing resources to review the zoning code, subdivision regulations, building codes, and other City development regulations and policies.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0378-2010
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BERDING A
MR. BORTZ N
MS. GHIZ A
MR. MONZEL N

LIVABLE COMMUNITIES COMMITTEE
Item #: 201001454
ORDINANCE, submitted by John P. Curp, City Solicitor, ADOPTING the proposed revisions to the community council representation area map on file with the Clerk of Council pursuant to Cincinnati Municipal Code Sections 111-1 and 111-5.
Item Status/Referral/Recommendations:
PASS
*** PASSED
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BERDING A
MR. BORTZ Y
MS. GHIZ A
MR. MONZEL Y

Item #: 201001400
REPORT, dated 10/13/2010, submitted by Milton Dohoney, Jr., City Manager, regarding Right of Ways at Erie and at Arnsby. (SEE DOCUMENT #201001260 FOR COMMUNICATION)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 201001401
REPORT, dated 10/13/2010, submitted by Milton Dohoney, Jr., City Manager, regarding sidewalks obstructed by garbage cans. (SEE DOCUMENT #201001262 FOR COMMUNICATION)
Item Status/Referral/Recommendations:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED
Item #: 201001403
REPORT, dated 10/13/2010, submitted by Milton Dohoney, Jr., City Manager, regarding Hillside lighting. (SEE DOCUMENT #201001266 FOR COMMUNICATION)
Item Status/Referral/Recommendations:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED
Item #: 201001436
REPORT, dated 10/20/2010, submitted by Milton Dohoney, Jr., City Manager, regarding Transit-Oriented Development Districts. (SEE DOCUMENT #201000481 FOR ADOPTED MOTION)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 201001439
REPORT, dated 10/20/2010, submitted by Milton Dohoney, Jr., City Manager, regarding Betts Longworth parking lots. (SEE DOCUMENT #201001329 FOR COMMUNICATION)
Item Status/Referral/Recommendations:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED
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